Digest: Under the circumstances presented, a judge may appear in a video
being prepared by the local YWCA for presentation at a fund-raising
luncheon celebrating certain local professionals, provided that no
reference is made to the judge or the video in advertising the luncheon
or in soliciting attendance or contributions; the judge will not be
speaking on the video; and the content of the video does not relate to
fund-raising.

Rule:22 NYCRR 100.4(C)(3)(b)(ii).

Opinion:

A judge has been asked to appear in a video that the local YWCA plans on
showing at its annual luncheon celebrating certain professionals. The event is a
major fund-raiser for the charity. As stated by the inquiring judge: "It will not be
used in advertising the luncheon, or in soliciting ticket sales or contributions for the
event. There are no plans to use the video in any future fund-raising efforts."
Further, it appears that the judge will not be speaking on the video. The clip will
show the judge at work, with the judge’s name and title printed on the screen.

The Committee is of the opinion that with the taking of certain additional
precautions, the judge's participation in the video is permissible. Primarily, this
means that not only is the video not to be used in advertising the event or in the
solicitation of contributions, but that neither may the judge's name be used for such
purposes. And, of course, the content of the video should not relate to fund-raising.
With such safeguards in place, we believe that the judge's participation falls within
the exception provided for in section 100.4(C)(3)(b)(ii) of the rules Governing Judicial
Conduct, which states that a judge:

(ii) may not be a speaker or the guest of honor at an organization's fund-raising events, but the judge may attend such events. Nothing in this
subparagraph shall prohibit a judge from being a speaker or guest of honor
at a court employee organization, bar association or law school function or
from accepting at another organization's fund-raising event an un-advertised award ancillary to such event;

Here, the judge is attending a fund-raising event, which he/she is permitted to do,
and it does not appear that the judge will be speaking on the video. Moreover,
although not receiving a formal award, the judge is being recognized for professional
achievement. Such acknowledgment of the judge’s standing in the legal profession
will not be advertised or in any way used to promote the event or the raising of
funds. The content of the video itself will not be used to promote fund-raising. Under
those circumstances, we believe the judge may appear in the video.